Court's charge; in general

§ 300.10 Court's charge; in general.

1. At the conclusion of the summations, the court must deliver a
charge to the jury.

2. In its charge, the court must state the fundamental legal
principles applicable to criminal cases in general. Such principles
include, but are not limited to, the presumption of the defendant's
innocence, the requirement that guilt be proved beyond a reasonable
doubt and that the jury may not, in determining the issue of guilt or
innocence, consider or speculate concerning matters relating to sentence
or punishment. Upon request of a defendant who did not testify in his
own behalf, but not otherwise, the court must state that the fact that
he did not testify is not a factor from which any inference unfavorable
to the defendant may be drawn. The court must also state the material
legal principles applicable to the particular case, and, so far as
practicable, explain the application of the law to the facts, but it
need not marshal or refer to the evidence to any greater extent than is
necessary for such explanation.

3. Where a defendant has raised the affirmative defense of lack of
criminal responsibility by reason of mental disease or defect, as
defined in section 40.15 of the penal law, the court must, without
elaboration, instruct the jury as follows: "A jury during its
deliberations must never consider or speculate concerning matters
relating to the consequences of its verdict. However, because of the
lack of common knowledge regarding the consequences of a verdict of not
responsible by reason of mental disease or defect, I charge you that if
this verdict is rendered by you there will be hearings as to the
defendant's present mental condition and, where appropriate, involuntary
commitment proceedings."

4. The court must specifically designate and submit, in accordance
with the provisions of sections 300.30 and 300.40, those counts and
offenses contained and charged in the indictment which the jury are to
consider. Such determination must be made, and the parties informed
thereof, prior to the summations. In its charge, the court must define
each offense so submitted and, except as otherwise expressly provided,
it must instruct the jury to render a verdict separately and
specifically upon each count submitted to it, and with respect to each
defendant if there be more than one, and must require that the verdict
upon each such count be one of the following:

(a) "Guilty" of the offense submitted, if there be but one; or

(b) Where appropriate, "guilty" of a specified one of two or more
offenses submitted under the same count in the alternative pursuant to
section 300.40; or

(c) "Not guilty"; or

(d) Where appropriate, "not responsible by reason of mental disease
or defect."

5. Both before and after the court's charge, the parties may submit
requests to charge, either orally or in writing, and the court must rule
promptly upon each request. A failure to rule upon a request is deemed
a denial thereof.

6. In a prosecution involving a charge of enterprise corruption, as
defined in article four hundred sixty of the penal law, the court must
specifically designate and separately submit for jury consideration
those criminal acts which are contained and charged in the indictment
and which are supported by legally sufficient trial evidence. Every
criminal act which is not so supported shall be dismissed and stricken
from the indictment. If legally sufficient trial evidence exists to
support a lesser included offense which is also a criminal act within
the meaning of subdivision one of section 460.10 of the penal law, such
lesser offense shall be substituted. Such determination must be made and
the parties informed thereof, prior to the summations. In its charge,
the court must define each criminal act so submitted and, as when it may
or must do so pursuant to sections 300.40 and 300.50 of this article,
any lesser included offense that is also a criminal act within the
meaning of subdivision one of section 460.10 of the penal law. It must
instruct the jury to render a verdict separately and specifically upon
each criminal act (and where necessary, any submitted lesser included
offense) submitted to it with respect to each defendant. It must further
explain to the jury that they may not consider a charge of enterprise
corruption against any defendant until they have separately and
unanimously agreed that the defendant has committed each of at least
three criminal acts alleged as part of the pattern of criminal activity,
including any submitted lesser included offenses.